Construction Industry Labour Relations Act, 1992

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c. C-29.11CONSTRUCTION INDUSTRY LABOUR RELATIONS, 1992

The

Construction Industry

Labour Relations

Act, 1992

being

Chapter C-29.11 of the Statutes of Saskatchewan, 1992 (effective

September 22, 1992) as amended by the Statutes of

Saskatchewan, 2000, c.69; and 2010, c.7.

NOTE:This consolidation is not official. Amendments have beenincorporated for convenience of reference and the original statutesand regulations should be consulted for all purposes of interpretationand application of the law. In order to preserve the integrity of theoriginal statutes and regulations, errors that may have appeared arereproduced in this consolidation.

http://www.qp.gov.sk.ca/documents/english/Chapters/1992/c29_11.pdf

http://www.qp.gov.sk.ca/documents/english/chapters/2000/chap-69.pdf

http://www.qp.gov.sk.ca/documents/english/Chapters/2010/Chap-7.pdf

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c. C-29.11 CONSTRUCTION INDUSTRY LABOUR RELATIONS, 1992

Table of Contents

SHORT TITLE, INTERPRETATION

AND APPLICATION

1 Short title

2 Interpretation

3 Application

4 Purpose and construction of Act

RIGHTS OF UNIONIZED EMPLOYERS

5 Rights of unionized employers and duties of

representatives employers’ organizations

BOARD

6 Powers of the board

6.1 Abandonment of bargaining rights by trade union

7 Determining appropriate unit

8 Finality of board orders

APPROPRIATE TRADE DIVISION

9 Appropriate trade division

REPRESENTATIVE EMPLOYERS’

ORGANIZATIONS

9.1 Designation of representative employers’ organizations

10 Designation by minister

10.1 Right to join representative employers’ organization

10.2 Constitution and bylaws of representative employers’

organizations

10.3 Determination of representative employers’

organizations by board

10.4 Power of board to vary orders

10.5 Vote re determining representative

employers’ organization

11 to 13 Repealed

14 Effect of designation or determination

15 Subsequent employer bound

16 Certain provisions void

17 Certain collective bargaining agreements to

remain in force

18 Spin-off corporations, etc.

18.1 Powers of board re section 18

18.2 Unfair labour practice

COUNCIL OF LOCALS OF TRADE UNION

19 Council of locals

20 Effect of agreement

PROJECT AND NATIONAL

COLLECTIVE AGREEMENTS

21 Certain agreements protected

STRIKES AND LOCKOUTS

22 Conciliation, strike vote required

23 Notice of strike or lockout

24 Selective strikes, lockouts not permitted

UNFAIR LABOUR PRACTICES

25 Unfair labour practice re strike

26 Unfair labour practice re lockout

27 Unfair labour practice re bargaining

28 Unfair labour practice re council of locals

CONTRACT ADMINISTRATION AND

INDUSTRY DEVELOPMENT FEES

29 Fees

GENERAL

30 Ratification votes among unionized employers

31 Grievances

32 Pre-job conferences

33 Notices

34 Regulations

35 Offence

36 Limitation period

37 Transitional

SCHEDULE

Designation of Representative

Employers’ Organizations

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CHAPTER C-29.11

An Act respecting Labour Relations

in the Construction Industry

SHORT TITLE, INTERPRETATION AND APPLICATION

Short title

1 This Act may be cited as The Construction Industry Labour Relations Act, 1992.

Interpretation

2 In this Act:

(a) “appropriate trade division” means a trade division that is determined

to be an appropriate trade division pursuant to section 9;

(a.1) “appropriate unit” means a unit of employees appropriate for the

purpose of bargaining collectively;

(b) “bargaining collectively” means bargaining collectively as defined in

The Trade Union Act;

(c) “board” means the Labour Relations Board continued pursuant to

section 4 of The Trade Union Act;

(d) “collective bargaining agreement” means a collective bargaining

agreement as defined in The Trade Union Act;

(e) “construction industry”:

(i) means the industry in which the activities of constructing, erecting,

reconstructing, altering, remodelling, repairing, revamping, renovating,

decorating or demolishing of any building, structure, road, sewer, water

main, pipeline, tunnel, shaft, bridge, wharf, pier, canal, dam or any other

work or any part of a work are undertaken; and

(ii) includes all activities undertaken with respect to all machinery,

plant, fixtures, facilities, equipment, systems and processes contained in

or used in connection with a work mentioned in subclause (i) but does not

include maintenance work;

(f) Repealed. 2010, c.7, s.30.

(g) “employers’ organization” means an organization of unionized

employers that has, as one of its objectives, the objective of bargaining

collectively on behalf of unionized employers;

(h) “jurisdictional assignment plan” means a plan established in the

regulations that creates a mechanism for the resolution of a jurisdictional

dispute;

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(i) “jurisdictional dispute” means a dispute between two or more trade

unions over the assignment of work to trade union members or to workers of a

particular trade or craft;

(j) “minister” means the member of the Executive Council to whom for the

time being the administration of this Act is assigned;

(j.1) “ministry” means the ministry over which the minister presides;

(k) “national collective agreement” means a collective bargaining

agreement negotiated between a trade union and a group of employers that

applies in two or more jurisdictions in Canada;

(l) “project collective agreement” means a collective bargaining agreement

that is to be effective during the term of a project and that is negotiated

among:

(i) a trade union or unions;

(ii) where applicable, a representative employers’ organization or

organizations; and

(iii) a project owner or project owners;

(m) “representative employers’ organization” means an employers’

organization that is the exclusive agent to bargain collectively on behalf of all

unionized employers in a trade division and that results from:

(i) a designation pursuant to section 9.1 or 10; or

(ii) a determination of the board pursuant to section 10.3;

(n) “rights, duties and obligations” means the rights, duties and

obligations imposed by or arising pursuant to this Act or The Trade Union Act;

(o) “sector of the construction industry” means any of the following

sectors of the construction industry:

(i) the commercial, institutional and industrial sector;

(ii) the residential sector;

(iii) the sewer, tunnel and water main sector;

(iv) the pipeline sector;

(v) the roadbuilding sector;

(vi) the powerline transmission sector;

(p) “trade division” means all unionized employers in a sector or sectors of

the construction industry that are:

(i) in a trade; or

(ii) in an identifiable class or group of unionized employers in a trade;

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(q) “trade union” includes all of the locals of a trade union, where more

than one local of the trade union has established the right to bargain

collectively on behalf of the unionized employees of unionized employers in a

trade division;

(r) “unionized employee” means an employee who is employed by a

unionized employer and with respect to whom a trade union has established

the right to bargain collectively with the unionized employer;

(s) “unionized employer” means an employer in a trade division with

respect to whom a trade union has established the right to bargain collectively

on behalf of the unionized employees in that trade division:

(i) pursuant to an order of the board made pursuant to clause 5(a), (b)

or (c) of The Trade Union Act; or

(ii) as a result of the employer’s having recognized the trade union as

the agent to bargain collectively on behalf of those unionized employees.

1992, c.C-29.11, s.2; 2000, c.69, s.3; 2010, c.7,s.3.

Application

3 Subject to section 4, this Act applies to the construction industry in Saskatchewan.

1992, c.C-29.11, s.3; 2010, c.7, s.4.

Purpose and construction of Act

4(1) Subject to subsections (2) and (3), the purpose of this Act is to permit a

system of collective bargaining in the construction industry to be conducted by

trade on a province-wide basis between an employers’ organization and a trade

union with respect to a trade division.

(2) Nothing in this Act:

(a) precludes a trade union from seeking an order pursuant to clause 5(a), (b)

or (c) of The Trade Union Act for an appropriate unit consisting of:

(i) employees of an employer in more than one trade or craft; or

(ii) all employees of an employer; or

(b) limits the right to obtain an order pursuant to clause 5(a), (b) or (c) of The

Trade Union Act in the construction industry to those trade unions that are

referred to in a determination made by the minister pursuant to section 9.

(3) In exercising its powers pursuant to clause 5(a) of The Trade Union Act, the

board shall make no presumption that a craft unit is a more appropriate unit in the

construction industry than any other form of appropriate unit.

(4) This Act does not apply to an employer and a trade union with respect to an

order mentioned in clause (2)(a) or (b).

(5) If, after the coming into force of this section, a unionized employer becomes

subject to an order mentioned in clause (2)(a) or (b) with respect to its employees,

the employer is no longer governed by this Act.

2010, c.7, s.5.

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RIGHTS OF UNIONIZED EMPLOYERS

Rights of unionized employers and duties of representative employers’ organizations

5(1) Subject to the other provisions of this Act, unionized employers have the

right, in the manner set out in this Act:

(a) to organize, and to form, join or assist in, an employers’ organization; and

(b) to engage in collective bargaining through an employers’ organization of

their choosing.

(2) No representative employers’ organization shall merge or amalgamate with

any other employers’ organization.

(3) No representative employers’ organization shall assign or transfer any of its

rights, duties or obligations to any other representative employers’ organization.

(4) If an employer is represented by a representative employers’ organization, the

provisions of The Trade Union Act that relate to an employer apply, with any

necessary modification, to that representative employers’ organization.

(5) In discharging the duties of a representative employers’ organization pursuant

to this Act or The Trade Union Act, a representative employers’ organization shall

not act in a manner that is arbitrary, discriminatory or in bad faith in representing

any of the employers on whose behalf it acts.

2010, c.7, s.6.

BOARD

Powers of the board

6(1) In addition to the powers conferred on it by this Act, the board has all the

powers conferred on it by The Trade Union Act, and the orders of the board

pursuant to this Act are enforceable in the same manner as orders of the board

pursuant to The Trade Union Act.

(2) In addition to any other order that it may make pursuant to this Act, the board

may make orders:

(a) determining whether an organization is an employers’ organization;

(b) determining whether an employer is a unionized employer;

(c) determining whether an employee is a unionized employee;

(d) determining whether an unfair labour practice has occurred;

(d.1) determining whether the bargaining rights of a trade union in the

construction industry have been abandoned in relation to a unionized

employer;

(e) determining whether this Act is being or has been contravened;

(f) requiring compliance with this Act, the regulations or any decision of the

board with respect to a matter before the board.

(3) The board may determine any question of fact that is necessary to its

jurisdiction.

1992, c.C-29.11, s.6; 2010, c.7, s.7.

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Abandonment of bargaining rights by trade union

6.1(1) The board may make a determination as to whether a trade union in the

construction industry has abandoned its bargaining rights in relation to a

unionized employer.

(2) Without limiting the circumstances under which the board may make a

determination mentioned in subsection (1), the board may make a determination

on an application made by:

(a) a unionized employer to whom the bargaining rights relate;

(b) one or more unionized employees within an appropriate unit of a

unionized employer; or

(c) a trade union for the purposes of enforcing its bargaining rights against

an employer.

(3) An application for a determination that a trade union has abandoned its

bargaining rights may be brought by a unionized employer only in a circumstance

where the trade union has been inactive in promoting and enforcing its bargaining

rights against the employer for a period of at least three years before the

application.

(4) For the purposes of subsection (1):

(a) the board is not limited in the exercise of its jurisdiction by the system of

collective bargaining in the construction industry pursuant to this Act or by

the absence of employees in the appropriate unit of an employer with an

active presence in the construction industry;

(b) there is a presumption that a trade union has abandoned its bargaining

rights if it has taken no action to attempt to promote and enforce its

bargaining rights against the unionized employer for a period of at least three

years;

(c) the board may consider any period of inactivity by a trade union in the

promotion and enforcement of its bargaining rights, whether that period

occurred before, on or after the coming into force of this section or the filing of

any application pursuant to this Act or The Trade Union Act respecting that

employer; and

(d) the board may determine a date on which a trade union’s bargaining

rights should be considered to have been abandoned and ceased to be in effect

in relation to an employer.

(5) If the board determines that a trade union has abandoned its bargaining

rights in relation to a unionized employer, the board may make any order that it

considers appropriate in the circumstances to give effect to its determination.

(6) Nothing in this section is to be interpreted as limiting the authority or power

of the board to make findings or orders respecting the issue of abandonment of

bargaining rights involving employers and trade unions that are not part of the

construction industry.

(7) This section applies to every application for a determination that a trade union

has abandoned its bargaining rights, whether that application is brought before, on

or after the coming into force of this section.

2010, c.7, s.8.

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Determining appropriate unit

7 If a trade union applies pursuant to The Trade Union Act for certification as the

bargaining agent of the employees of an employer in the construction industry, the

board shall determine the appropriate unit of employees by reference to whatever

factors the board considers relevant to the application, including:

(a) the geographical jurisdiction of the trade union making the application;

and

(b) whether the appropriate unit should or should not be confined to a

particular project.

2010, c.7, s.9.

Finality of board orders

8 There is no appeal from an order or decision of the board pursuant to this Act,

and the proceedings, orders and decisions of the board are not reviewable by any

court of law or by any certiorari, mandamus, prohibition, injunction or any other

proceeding.

1992, c.C-29.11, s.8.

APPROPRIATE TRADE DIVISION

Appropriate trade division

9(1) The minister may determine a trade division to be an appropriate trade

division for the purposes of this Act.

(2) Before making a determination pursuant to subsection (1), the minister may

conduct, or cause to be conducted, any inquiry or consultation that the minister

considers necessary.

(3) In making a determination pursuant to subsection (1), the minister shall

recognize an agreement between unionized employers and a trade union or unions

as to the appropriate trade division for the purposes of this Act.

(4) The minister shall consider a request by a unionized employer, a representative

employers’ organization or a trade union to make a determination pursuant to

subsection (1) and make a determination within 90 days after the receipt of the

request.

(5) The minister may make a determination pursuant to subsection (1) with

respect to one or more sectors of the construction industry.

(6) Where the minister considers it appropriate to do so, the minister may amend

a determination pursuant to subsection (1).

1992, c.C-29.11, s.9.

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REPRESENTATIVE EMPLOYERS’ ORGANIZATIONS

Designation of representative employers’ organizations

9.1 Each employers’ organization set out in Column 1 of the Schedule to this Act

is designated as the representative employers’ organization to act as the exclusive

agent to bargain collectively on behalf of all unionized employers in the trade

divisions set out in Column 2 of the Schedule opposite the name of the employers’

organization.

2000, c.69, s.5.

Designation by minister

10(1) Where the minister makes a determination of an appropriate trade division

pursuant to section 9, the minister:

(a) subject to subsection (3), may designate an employers’ organization as

the representative employers’ organization to act as the exclusive agent to

bargain collectively on behalf of all unionized employers in that appropriate

trade division; and

(b) may make that designation subject to any terms and conditions that the

minister considers appropriate.

(2) An employers’ organization that wishes to be designated by the minister

pursuant to subsection (1) shall, within 30 days after the day on which the minister

determines the trade division to be an appropriate trade division, file with the

minister:

(a) a notice stating that it wishes to be so designated; and

(b) a copy of its constitution and bylaws.

(3) In determining which employers’ organization to designate as the representative

employers’ organization pursuant to subsection (1), the minister:

(a) may conduct or cause to be conducted any inquiry or consultation with

unionized employers, employers’ organizations and trade unions that the

minister considers necessary;

(b) shall consider the representative character of any employers’ organization

that has given notice that it wishes to be designated.

1992, c.C-29.11, s.10.

Right to join representative employers’ organization

10.1 If a representative employers’ organization is designated pursuant to

section 9.1 or 10, or is determined by the board pursuant to section 10.3, to act as

the exclusive agent to bargain collectively on behalf of all unionized employers in

the trade division, each unionized employer in the trade division is entitled to join

the representative employers’ organization and participate in its activities.

2010, c.7, s.10.

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Constitution and bylaws of representative employers’ organizations

10.2(1) Subject to this section, the constitution and bylaws of a representative

employers’ association are in force only after they are approved or amended by the

board pursuant to subsection (4).

(2) A representative employers’ organization must file with the board a copy of its

constitution and bylaws:

(a) within 90 days after the coming into force of section 9.1 in the case of a

representative employers’ organization that is designated pursuant to that

section;

(b) within 90 days after its designation in the case of a representative

employers’ organization that is designated by the minister pursuant to

section 10; and

(c) within 90 days after the date of its determination in the case of a

representative employers’ organization that is determined by the board

pursuant to section 10.3.

(3) Where a representative employers’ organization is designated pursuant to

section 9.1, its constitution and bylaws continue in force:

(a) until they are approved or amended by the board pursuant to subsection (4)

if the constitution and bylaws are filed with the board in accordance with

clause (2)(a); and

(b) until the expiry of the 90-day period set out in clause (2)(a) if the

constitution and bylaws are not filed with the board in accordance with that

clause.

(4) Within 120 days after the filing of the constitution and bylaws of a

representative employers’ organization, the board shall:

(a) approve the constitution and bylaws; or

(b) after conducting a hearing with respect to the matter, amend the

constitution and bylaws to ensure that they comply with this Act.

(5) A representative employers’ organization must file with the board a copy of

any amendments that it makes to its constitution and bylaws, and no amendment

to the constitution or bylaws of a representative employers’ organization has any

effect until it is approved by the board.

2000, c.69, s.6; 2010, c.7, s.11.

Determination of representative employers’ organizations by board

10.3(1) In this section, “unionized employer” means a unionized employer who

is actively involved in the construction industry in Saskatchewan and who, in the

one-year period before the date of an application pursuant to this section, employed

one or more unionized employees in the trade division with respect to which the

application is made.

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(2) Subject to subsections (4) and (5), on and after the coming into force of this

section, an employers’ organization that claims to represent a majority of the

unionized employers in a trade division may apply to the board for an order

determining it to be the representative employers’ organization for all unionized

employers in that trade division.

(3) An application pursuant to this section must be made in accordance with any

regulations made by the board.

(4) An application pursuant to this section may be made only during the month of

January in any year if the application concerns a trade division for which:

(a) another employers’ organization has been continued as the representative

employers’ organization pursuant to section 10; or

(b) the board has previously determined that another employers’ organization

is the representative employers’ organization pursuant to this section.

(5) If an application is made pursuant to this section, the board may make orders:

(a) determining the trade division that is appropriate for the purposes of

collective bargaining;

(b) determining which employers’ organization represents, in the opinion of

the board, a majority of the unionized employers in the trade division; and

(c) determining that the employers’ organization that represents a majority

of the unionized employers in the trade division is the representative

employers’ organization to act as the exclusive agent to bargain collectively on

behalf of all unionized employers in that trade division.

2010, c.7, s.12.

Power of board to vary orders

10.4 The board may amend or vary an order made by it pursuant to section 10.3

if:

(a) the representative employers’ organization and the trade union affected

agree to the amendment or variation; or

(b) the amendment or variation is considered by the board to be necessary

for the purpose of clarifying or correcting the order or the determination, as

the case may be.

2010, c.7, s.12.

Vote re determining representative employers’ organization

10.5(1) For the purposes of determining the employers’ organization that represents

a majority of unionized employers in a trade division, the board may direct a vote to

be taken of all unionized employers eligible to vote to determine the question.

(2) For the purposes of a vote pursuant to this section, each employer is entitled to

only one vote.

(3) In a vote pursuant to this section, a majority of the unionized employers

eligible to vote constitutes a quorum.

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(4) In a vote pursuant to this section, a majority of the unionized employers who

vote shall determine the employers’ organization that represents the majority of

unionized employers.

(5) A vote pursuant to this section must be by secret ballot.

(6) The board or a person appointed by the board shall:

(a) conduct the voting; and

(b) count the ballots cast.

(7) A unionized employer who has voted at a vote taken pursuant to this Act is not

competent or compellable to give evidence in any court proceedings whatsoever as

to how the unionized employer voted.

2010, c.7, s.12.

11 to 13 Repealed. 2000, c.69, s.7.

Effect of designation or determination

14 If an employers’ organization is designated or determined to be the

representative employers’ organization for a trade division:

(a) all of the rights, duties and obligations of unionized employers in a trade

division vest in the representative employers’ organization to the extent that

is necessary to give effect to this Act;

(b) the representative employers’ organization is the exclusive agent to

bargain collectively on behalf of all unionized employers in the trade division;

(c) a trade union representing the unionized employees in the trade division

shall bargain collectively with the representative employers’ organization

with respect to those unionized employees; and

(d) a collective bargaining agreement that is made after the designation or

determination with any person or organization other than the representative

employers’ organization is void.

1992, c.C-29.11, s.14; 2000, c.69, s.8; 2010, c.7,s.13.

Subsequent employer bound

15(1) If an employers’ organization is designated or determined to be the

representative employers’ organization with respect to a trade division, clauses 14(a)

to (d) apply to:

(a) an employer who subsequently becomes a unionized employer in that

trade division; or

(b) a unionized employer who subsequently becomes engaged in the

construction industry in that trade division.

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(2) If subsection (1) applies, the unionized employer is bound by the terms and

conditions of any collective bargaining agreement then in effect between the

representative employers’ organization and a trade union with respect to that trade

division.

1992, c.C-29.11, s.15; 2000, c.69, s.9; 2010, c.7,s.14.

Certain provisions void


representative employers’ organization for a trade division:

(a) subject to subsection (2), the representative employers’ organization has

the authority and the responsibility to negotiate and conclude a collective

bargaining agreement on behalf of the unionized employers in the trade

division;

(b) no other employers’ organization has the right to interfere with the

negotiation of a collective bargaining agreement or veto any proposed

collective bargaining agreement negotiated by the representative employers’

organization; and

(c) any provision in the constitution or bylaws of any employers’ organization

that is contrary to clause (a) or (b) is void.

(2) If an employers’ organization is designated or determined to be the

representative employers’ organization for more than one trade division, only the

unionized employers in one trade division are entitled to make decisions with

respect to negotiating and concluding a collective bargaining agreement on behalf

of the unionized employers in that trade division.

1992, c.C-29.11, s.16; 2000, c.69, s.10; 2010, c.7,s.15.

Certain collective bargaining agreements to remain in force

17 Subject to sections 33 and 34 of The Trade Union Act, a collective bargaining

agreement between a representative employers’ organization and a trade union

with respect to a trade division remains in force for its term notwithstanding that:

(a) another employers’ organization becomes the representative employers’

organization with respect to the trade division; or

(b) another trade union represents the unionized employees of an employer.

2010, c.7, s.16.

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Spin-off corporations, etc.

18(1) On the application of an employer or a trade union affected, the board may

declare more than one corporation, partnership, individual or association to be one

unionized employer for the purposes of this Act and The Trade Union Act where, in

the opinion of the board, associated or related businesses, undertakings or other

activities are carried on under common control or direction by or through those

corporations, partnerships, individuals or associations.

(2) Repealed. 2000, c.69, s.11.

(3) In exercising its discretion pursuant to subsection (1), the board may recognize

the practice of non-unionized employers performing work through unionized

subsidiaries.

(4) The effect of a declaration pursuant to subsection (1) is that the corporations,

partnerships, individuals and associations:

(a) constitute a unionized employer in a specified trade division; and

(b) are bound by a designation of a representative employers’ organization

pursuant to section 9.1 or 10 or by a determination of a representative

employers’ organization pursuant to section 10.3.

(5) The board may make an order granting any additional relief that it considers

appropriate where:

(a) the board makes a declaration pursuant to subsection (1); and

(b) in the opinion of the board, the associated or related businesses,

undertakings or activities are carried on by or through more than one

corporation, partnership, individual or association for the purpose of avoiding:

(i) the effect of a designation or determination of a representative

employers’ organization with respect to a trade division; or

(ii) a collective bargaining agreement that is in effect or that may come

into effect between the representative employers’ organization and a

trade union.

(6) Where the board is considering whether to grant additional relief pursuant to

subsection (5), the burden of proof that the associated or related businesses,

undertakings or activities are carried on by or through more than one corporation,

partnership, individual or association for a purpose other than a purpose set out in

subclause (5)(b)(i) or (ii) is on the corporation, partnership, individual or association.

(7) An order pursuant to subsection (5) may be made effective from a day that is

not earlier than the date of the application to the board pursuant to subsection (1).

1992, c.C-29.11, s.18; 2000 c.69, s.11; 2010, c.7,s.17.

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Powers of board re section 18

18.1 In relation to any proceeding brought pursuant to section 18, the board may:

(a) order prehearing procedures, including prehearing conferences that are

held in private, and direct the times, dates and places of the hearings for those

procedures;

(b) make any examination of records and any inquiries that the board

considers necessary;

(c) at any stage of a proceeding, compel any person to provide information or

produce records and things that may be relevant to a matter before the board,

after providing the parties an opportunity to make representations;

(d) authorize an investigating officer to exercise any of the powers set out in

clauses (a) to (c) on behalf of the board.

2000, c.69, s.12.

Unfair labour practice

18.2(1) It is an unfair labour practice for an employer to discharge, lay off or

threaten to discharge or lay off an employee by reason of the coming into force of

subsection 18(1) as enacted by The Construction Industry Labour Relations

Amendment Act, 2000 or by reason of a declaration made pursuant to that

subsection.

(2) The board may make any order pursuant to section 5 of The Trade Union Act

with respect to an unfair labour practice described in subsection (1) that the board

considers appropriate and, for the purposes of this section, may exercise any

ancillary power conferred by that Act in relation to section 5.

2000, c.69, s.12.

COUNCIL OF LOCALS OF TRADE UNION

Council of locals

19(1) The locals of a trade union shall file with the board an agreement between

them setting up a council of locals for the purpose of bargaining collectively with

the representative employers’ organization for a trade division where:

(a) an employers’ organization has been designated or determined to be the

representative employers’ organization for the trade division; and

(b) more than one local of a trade union has established the right to bargain

collectively on behalf of the unionized employees in the trade division.

(2) An agreement mentioned in subsection (1) must be filed within 90 days after

the date of designation or determination.

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(3) If the locals of the trade union mentioned in subsection (2) fail or refuse to

comply with subsection (1) or if the board does not approve the agreement reached

by the locals, the board may, by order, prescribe the constitution of a council of the

locals for the purpose of bargaining collectively with the representative employers’

organization.

(4) An order of the board made pursuant to subsection (3) is binding on each of the

locals of the trade union.

1992, c.C-29.11, s.19; 2000 c.69, s.13; 2010, c.7,s.18.

Effect of agreement

20 Where an agreement setting up a council of locals filed with the board

pursuant to subsection 19(2) is approved by the board or the board makes an order

prescribing the constitution of a council of locals pursuant to subsection 19(3):

(a) all of the rights, duties and obligations of locals of the trade union in the

trade division vest in the council of locals to the extent that is necessary to

give effect to this Act;

(b) the council of locals is the exclusive agent to bargain collectively on

behalf of all unionized employees in the trade division;

(c) the representative employers’ organization shall bargain collectively

with the council of locals with respect to the unionized employees in the trade

division; and

(d) a collective bargaining agreement that is made after the agreement is

filed with any person or organization other than the council of locals is void.

1992, c.C-29.11, s.20.

PROJECT AND NATIONAL COLLECTIVE AGREEMENTS

Certain agreements protected

21 Nothing in this Act prevents:

(a) the negotiation and operation of a project collective agreement; or

(b) the operation and renegotiation of a national collective agreement that is

in effect immediately prior to the coming into force of this Act.

1992, c.C-29.11, s.21.

17


STRIKES AND LOCKOUTS

Conciliation, strike vote required

22(1) Before a strike or lockout can commence, a trade union or a representative

employer’s organization shall:

(a) submit the dispute to conciliation and conclude the conciliation; and

(b) after the conclusion of conciliation, obtain a mandate for the strike or

lockout by conducting a vote in accordance with section 25 or 26, as the case

may be.

(2) Nothing in subsection (1) prevents the minister, following the conclusion of

conciliation and the issuance of a strike notice or lockout notice pursuant to

section 24, from making a further appointment of a conciliator on receipt of a

request from either the trade union or the representative employers’ organization.

(3) If there is compliance with this section and sections 23 and 24, the further

appointment of a conciliator pursuant to subsection (2) does not prevent:

(a) a trade union from causing a strike; or

(b) a representative employers’ organization from causing a lockout.

1992, c.C-29.11, s.22.

Notice of strike or lockout

23(1) Where a majority of the employees voting on a strike vote pursuant to

section 25 vote in favour of a strike, no strike may commence unless the trade union

representing a majority of the employees:

(a) gives the representative employers’ organization or the agent of the

representative employers’ organization at least 48 hours’ written strike notice

of the date and time that the strike will commence; and

(b) promptly, after service of the notice, notifies the minister or the

minister’s designate of the date and time that the strike will commence.

(2) Where a majority of the unionized employers voting on a lockout vote

pursuant to section 26 vote in favour of a lockout, no lockout may commence unless

the representative employers’ organization:

(a) gives the trade union or trade union’s agent at least 48 hours’ written

notice of the date and time that the lockout will commence; and

(b) promptly, after the service of the notice, notifies the minister or the

minister’s designate of the date and time that the lockout will commence.

1992, c.C-29.11, s.23.

18


Selective strikes, lockouts not permitted

24(1) Where a trade union wishes to cause a strike with respect to a representative

employers’ organization, it shall cause the strike:

(a) with respect to:

(i) all unionized employers in the trade division represented by the

representative employers’ organization; and

(ii) all the work being performed by the unionized employers mentioned

in subclause (i); and

(b) by all unionized employees of the unionized employers mentioned in

subclause (a)(i).

(2) Where a representative employers’ organization wishes to cause a lockout of

unionized employees employed by unionized employers in a trade division, all

unionized employers in the trade division shall participate in the lockout and shall

lock out all unionized employees.

1992, c.C-29.11, s.24.

UNFAIR LABOUR PRACTICES

Unfair labour practice re strike

25 Notwithstanding clause 11(2)(d) of The Trade Union Act, it is an unfair labour

practice for a trade union, a unionized employee, a person acting on behalf of a

trade union or any other person to declare, authorize or take part in a strike unless:

(a) a strike vote is taken by secret ballot among all of the members of the

trade union who are eligible to vote and who are or will be directly affected by

the result of the collective bargaining with respect to which the vote is taken;

and

(b) a majority of the persons who vote pursuant to clause (a) vote in favour of

a strike.

1992, c.C-29.11, s.25.

Unfair labour practice re lockout

26 It is an unfair labour practice for a representative employers’ organization to

declare, authorize or take part in a lockout, and for a unionized employer to

participate in a lockout, with respect to any unionized employees, unless:

(a) a lockout vote is taken by secret ballot among all unionized employers in

the trade division concerned who employ one or more unionized employees on

the day on which the vote is taken; and

(b) a majority of the unionized employers who vote pursuant to clause (a)

vote in favour of a lockout.

1992, c.C-29.11, s.26.

19


Unfair labour practice re bargaining

27 Subject to section 31, if an employers’ organization is designated or determined

to be the representative employers’ organization with respect to a trade division, it

is an unfair labour practice:

(a) for a trade union or any person acting on behalf of a trade union to

bargain collectively with any person or organization other than the

representative employers’ organization with respect to unionized employees

in the trade division;

(b) for a unionized employer or any person acting on behalf a unionized

employer in the trade division to bargain collectively with a trade union with

respect to the unionized employees employed by the unionized employer other

than through the representative employers’ organization.

1992, c.C-29.11, s.27; 2000, c.69, s.14; 2010, c.7,s.19.

Unfair labour practice re council of locals

28 It is an unfair labour practice for a local of a trade union to fail to comply with

an order of the board made pursuant to subsection 19(3).

1992, c.C-29.11, s.28.

CONTRACT ADMINISTRATION AND INDUSTRY DEVELOPMENT FEES

Fees


representative employers’ organization with respect to a trade division, every

unionized employer in the trade division shall pay any contract administration and

industry development fee to the representative employers’ organization that may

be fixed by the representative employers’ organization.

(2) Where a trade union represents unionized employees of unionized employers

in a trade division, every unionized employee in the trade division shall pay any

contract administration and industry development fee to the trade union that may

be fixed by the trade union.

(3) Every collective bargaining agreement is deemed to contain provisions

requiring the payment of contract administration and industry development fees

by employees in accordance with subsection (2).

(4) To facilitate collection of contract administration and industry development

fees, every unionized employer in a trade division shall provide the representative

employers’ organization and the trade union representing unionized employees of a

unionized employer in the trade division with the following information on a

monthly basis:

(a) the number of employees in the trade division that are employed by the

unionized employer;

20


(b) the number of hours worked in a month by the unionized employees

employed by the unionized employer in the trade division; and

(c) any other information that is necessary in the opinion of the representative

employers’ organization mentioned in subsection (1) or the trade union

mentioned in subsection (2) for the calculation of the contract administration

and industry development fees that are payable by unionized employers and

unionized employees in the trade division.

1992, c.C-29.11, s.29; 2000, c.69, s.15; 2010, c.7,s.20.

GENERAL

Ratification votes among unionized employers

30 Every vote taken among unionized employers in a trade division concerning

the ratification of a collective bargaining agreement is restricted to unionized

employers in that trade division who employ one or more unionized employees on

the day the vote is taken.

1992, c.C-29.11, s.30.

Grievances

31(1) In this section, “appropriate unit” means appropriate unit as defined in

The Trade Union Act.

(2) Notwithstanding section 14, the responsibility for negotiating the settlement

of grievances of employees covered by a collective bargaining agreement or

represented by a trade union representing the majority of employees in an

appropriate unit is that of the unionized employer.

(3) Notwithstanding section 20, the responsibility for negotiating the settlement

of grievances of employees covered by a collective bargaining agreement or

represented by a trade union representing the majority of employees in an

appropriate unit is that of the local of the trade union.

1992, c.C-29.11, s.31.

Pre-job conferences

32 Nothing in this Act interferes with or prevents the continuation of the practice

of holding pre-job conferences in relation to particular projects.

1992, c.C-29.11, s.32.

Notices

33 Any notice required or permitted to be given by this Act may be given in the

manner provided in section 20 of The Trade Union Act.

1992, c.C-29.11, s.33.

21


Regulations

34(1) The board may, subject to the approval of the Lieutenant Governor in

Council, make regulations:

(a) respecting the activities of the board;

(b) governing practices and procedures in proceedings before the board;

(c) governing the payment and collection of contract administration and

industry development fees;

(d) prescribing rules of procedure for matters before the board, including

preliminary procedures;

(e) prescribing forms that are consistent with this Act and any other

regulations made pursuant to this Act.

(2) For the purpose of carrying out this Act according to its intent, the Lieutenant

Governor in Council may make regulations:

(a) establishing a jurisdictional assignment plan to provide a process for

resolving jurisdictional disputes including, without limiting the generality of

the foregoing, regulations:

(i) prohibiting or requiring specified actions in the event of a

jurisdictional dispute and providing for the consequences of failing to

comply with a prohibition or requirement;

(ii) establishing a process for the hearing and determination of

jurisdictional disputes and governing the conduct of those hearings;

(iii) providing for the consequences that flow from a decision made as a

result of a hearing;

(iv) establishing an appeal process;

(b) respecting any matter or thing that the Lieutenant Governor in Council

considers necessary to carry out the intent of this Act.

1992, c.C-29.11, s.34; 2010, c.7, s.21.

Offence

35 Every person who:

(a) takes part in, aids, abets, counsels or procures any unfair labour practice

or violation of this Act;

(b) fails to comply with any order of the board made pursuant to this Act;

is guilty of an offence and liable on summary conviction to the penalties provided in

section 15 of The Trade Union Act.

1992, c.C-29.11, s.35.

22


Limitation period

36 No prosecution with respect to an alleged offence pursuant to this Act is to be

commenced after one year from the day of the commission of the alleged offence.

1992, c.C-29.11, s.36.

Transitional

37(1) Subject to subsection (5) and to section 34 of The Trade Union Act, every

collective bargaining agreement between a trade union and a unionized employer

that is in force prior to the designation or determination of a representative

employers’ organization, and every other agreement between a trade union and a

unionized employer that governs wages and working conditions and that has been

filed with the ministry, continues in force until the day on which a new collective

bargaining agreement between the trade union and the representative employers’

organization comes into force.

(2) Subject to subsection (1), every agreement mentioned in subsection (1) is

deemed to expire on the earlier of:

(a) the expiry date stated in the agreement; and

(b) April 30, 1993.

(3) An agreement mentioned in subsection (1) is deemed to have been negotiated

by the representative employers’ organization and the trade union representing

unionized employees in a trade division.

(4) After the determination of a trade division and the designation or determination

of a representative employers’ organization, the trade union and the representative

employers’ organization:

(a) may, subject to clause (b), commence collective bargaining at any time;

and

(b) shall commence collective bargaining not later than April 30, 1993.

(5) Every collective bargaining agreement that was continued by section 4 of The

Construction Industry Labour Relations Repeal Act and that was in effect on the

day before the coming into force of this section terminates on the coming into force

of this section.

1992, c.C-29.11, s.37; 2010, c.7, s.22.

23


Schedule

[Section 9.1]

Designation of Representative Employers’ Organizations

Column 1 Column 2

Representative Employers’ Organization Trade Division

Boilermaker Contractors Association of Saskatchewan Boilermaker

Canadian Automatic Sprinkler Association Sprinkler-Fitter

Construction Labour Relations Association

of Saskatchewan Inc. Bricklayer/Tilesetter

Carpenter

Cement Mason/Plasterer

Electrical

Elevator Constructor

Insulator

Ironworker

Labourer

Millwright

Operating Engineer

Painter

Plumber/Pipefitter

Roofer-Labourer

Roofer-Sheet Metal

Sheet Metal

Teamster

Pipeline Contractors Association of Canada Labourer-Pipeline

Operating Engineer-Pipeline

Plumber/Pipefitter-Pipeline

Teamster-Pipeline

Saskatchewan Powerline Transmission

Contractors Association Inc. Electrical-Powerline

Transmission

2000, c.69, s.16.

24


REGINA, SASKATCHEWAN

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Construction Industry Labour Relations Act, 1992

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